Reporting Income in Chapter 13 Cases

February 15, 2010
By Michael Rinne on February 15, 2010 4:15 PM |

On December 7, 2009, the United States Bankruptcy Court, Northern District of California, San Francisco Division made an order regarding reporting income in Chapter 13 cases. For Chapter 13 debtors, they are now excused from filing with the court, payment advices or evidence of payment received by the debtor from any employer within 60 days before the filing date of a Chapter 13 petition.

The Chapter 13 debtors are instead to file declarations on income in the forms available on the court's or Chapter 13 trustee's web site at least 7 days prior to the first date set for the meeting of creditors under 11 USC Section 341. The debtor is to serve copies of the declarations to the Chapter 13 Trustee.

If the debtor does not file the declarations on time, the debtor needs to request an extension from the court. If the debtor does not comply to file the declarations, the case may be dismissed by the Chapter 13 Trustee, US Trustee, or any party in interest.

The declarations include declarations on lack of income, employment income, self employment income describing gross income and business expenses, rental income, other monthly income such as dividends and royalties, unemployment compensation, pension and retirement, support.

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